[ EDITORIAL ]

Constitutional Requirement: Enforce Florida Class Size

Published: Sunday, March 17, 2013 at 12:01 a.m.

Last Modified: Saturday, March 16, 2013 at 8:35 p.m.

Florida's legislators complain too often that citizen-initiative constitutional amendments clutter the state constitution with issues that should be matters of law. In short, they write the laws. Butt out; leave it to them.

Members of the state House of Representatives provided a perfect example last week of why they engender so much distrust among the citizenry, and why the voters of Florida feel compelled to take matters into their own hands — repeatedly for the issue of class size.

The House Education Appropriations Subcommittee on Tuesday unanimously approved a bill to ease off public school maximum class sizes that voters approved in 2002 and reaffirmed in 2010. That action followed a Feb. 20 approval by the Choice & Innovation Subcommittee on a 12-1 vote.

HB 189 would allow school districts to average class sizes for a whole school. By averaging, certain classes that draw fewer students than the maximum would allow other classes to exceed the constitutionally set class maximum. That would negate the educational advantage of limiting the larger classes' size.

This bill could not be more arrogant, trying to accomplish by legislation exactly what had failed two years earlier at the polls.

Article IX of the state constitution limits classes to:

■ Eighteen students from prekindergarten through third grade.

■ Twenty-two students from fourth grade through eighth grade.

■ Twenty-five students in ninth grade onward.

In 2010, Amendment 8 proposed to change the constitution's class-size requirements to an averaging system.

The amendment, which had been placed on the ballot by the Legislature, failed to garner the vote of 60 percent or more required for passage. The vote was 54.5 percent in favor and 45.5 percent against — a failure by 5.5 percent.

GOVERNMENTAL FOUNDATION

Beyond arrogance, HB 189 and the subcommittee members' affirmative votes for it flout the foundation of all Florida government — whether state, regional or local. No law, ordinance or rule of such governments is valid unless it complies with the state constitution.

Nonetheless, the members of the two subcommittees and others who may follow — the bill is in the House Education Committee — are attempting to pass a law that violates a section of the state constitution with which they disagree.

One might say that such a law would live a short life, only to be tossed off the books by a challenge in court.

However, the legislators know better and have sworn to uphold the constitution. This blatant attempt to subvert the state's fundamental document is shameful.

Unfortunately, it also fits a legislative and gubernatorial pattern that began after the administration of Lawton Chiles and Buddy MacKay.

The governors and legislatures since then — essentially those of the 21st century — have granted a long series of tax favors to businesses, gutting many state income sources.

POLK COUNTY DESPERATION

This is evident in Polk County, where the School District has proposed cutting next year's class schedules from seven periods to six periods in high school and from eight periods to seven periods in middle school.

The change is expected to save $7.2 million out of an $18 million budget shortfall, allowing pay raises for teachers.

Gov. Rick Scott has proposed more tax favors for businesses this year with proposals for:

■ A sales tax exemption on industrial equipment bought by manufacturers. They would pay no tax, reducing state revenue.

■ Exempting 2,000 companies from the state business tax, further reducing state revenue. Indeed, Scott said in his March 5 State of the State address, "I am committed to getting rid of this tax entirely."

When the Legislature does not fund school districts such as Polk's sufficiently to both keep a full schedule of classes and pay its teachers appropriately, it has failed to meet the key requirement for education in the state constitution: for a "high-quality system of free public schools that allows students to obtain a high-quality education."

<p>Florida's legislators complain too often that citizen-initiative constitutional amendments clutter the state constitution with issues that should be matters of law. In short, they write the laws. Butt out; leave it to them.</p><p>Members of the state House of Representatives provided a perfect example last week of why they engender so much distrust among the citizenry, and why the voters of Florida feel compelled to take matters into their own hands — repeatedly for the issue of class size.</p><p>The House Education Appropriations Subcommittee on Tuesday unanimously approved a bill to ease off public school maximum class sizes that voters approved in 2002 and reaffirmed in 2010. That action followed a Feb. 20 approval by the Choice & Innovation Subcommittee on a 12-1 vote.</p><p>HB 189 would allow school districts to average class sizes for a whole school. By averaging, certain classes that draw fewer students than the maximum would allow other classes to exceed the constitutionally set class maximum. That would negate the educational advantage of limiting the larger classes' size.</p><p>This bill could not be more arrogant, trying to accomplish by legislation exactly what had failed two years earlier at the polls.</p><p>Article IX of the state constitution limits classes to:</p><p>■ Eighteen students from prekindergarten through third grade.</p><p>■ Twenty-two students from fourth grade through eighth grade.</p><p>■ Twenty-five students in ninth grade onward.</p><p>In 2010, Amendment 8 proposed to change the constitution's class-size requirements to an averaging system.</p><p>The amendment, which had been placed on the ballot by the Legislature, failed to garner the vote of 60 percent or more required for passage. The vote was 54.5 percent in favor and 45.5 percent against — a failure by 5.5 percent.</p><h3>GOVERNMENTAL FOUNDATION</h3>
<p>Beyond arrogance, HB 189 and the subcommittee members' affirmative votes for it flout the foundation of all Florida government — whether state, regional or local. No law, ordinance or rule of such governments is valid unless it complies with the state constitution.</p><p>Nonetheless, the members of the two subcommittees and others who may follow — the bill is in the House Education Committee — are attempting to pass a law that violates a section of the state constitution with which they disagree.</p><p>One might say that such a law would live a short life, only to be tossed off the books by a challenge in court.</p><p>However, the legislators know better and have sworn to uphold the constitution. This blatant attempt to subvert the state's fundamental document is shameful.</p><p>Unfortunately, it also fits a legislative and gubernatorial pattern that began after the administration of Lawton Chiles and Buddy MacKay.</p><p>The governors and legislatures since then — essentially those of the 21st century — have granted a long series of tax favors to businesses, gutting many state income sources.</p><h3>POLK COUNTY DESPERATION</h3>
<p>This is evident in Polk County, where the School District has proposed cutting next year's class schedules from seven periods to six periods in high school and from eight periods to seven periods in middle school.</p><p>The change is expected to save $7.2 million out of an $18 million budget shortfall, allowing pay raises for teachers.</p><p>Gov. Rick Scott has proposed more tax favors for businesses this year with proposals for:</p><p>■ A sales tax exemption on industrial equipment bought by manufacturers. They would pay no tax, reducing state revenue.</p><p>■ Exempting 2,000 companies from the state business tax, further reducing state revenue. Indeed, Scott said in his March 5 State of the State address, "I am committed to getting rid of this tax entirely."</p><p>When the Legislature does not fund school districts such as Polk's sufficiently to both keep a full schedule of classes and pay its teachers appropriately, it has failed to meet the key requirement for education in the state constitution: for a "high-quality system of free public schools that allows students to obtain a high-quality education."</p>